Appendix 3     Transboundary Screening

3.1                  Introduction

8. The section identifies the potential transboundary receptors that may be affected by the Proposed Development, and assess potential impacts associated with construction, operation and maintenance, and decommissioning phases of the Proposed Development.

1.              Background
   9. The potential for transboundary effects to arise is a result of an impact from a proposed development within one European Economic Area (EEA) state which has the potential to affect the environment of another EEA state(s).
   10. SSER has completed a transboundary screening impact assessment, including a screening matrix, for potential transboundary effects arising from the construction, operation and maintenance, and decommissioning of the Proposed Development. The outcome of this transboundary screening assessment is set out in section 3.3 and section 3.4. Where no potential transboundary impacts have been identified as part of the transboundary screening process, this is also stated in section 3.3. Marine Scotland Consenting and Licensing Guidance for Offshore Wind, Wave and Tidal Energy Applications (Scottish Government, 2018) advises that transboundary impacts in relation to offshore renewable energy projects in Scotland are likely to relate primarily to

• projects that may have an impact on mobile species; and
• where projects are close to national boundaries or areas administered by other relevant authorities.
  1.         Legislative Context
  11. The United Nations Economic Commission for Europe (UNECE) Convention on EIA in a Transboundary Context (the Espoo Convention) (as amended) provides guidance on assessment of Transboundary impacts with the aim of promoting “environmentally sound and sustainable development”, while enhancing “international co-operation in assessing environmental impact” of a proposed project.
  12. The Espoo Convention (named after the Finish city of Espoo where the Convention was adopted) requires that EIAs consider potential impacts across national borders where there is the potential for an activity occurring in one country to have the potential for significant effect in another country. The UK is also a signatory to the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the ‘Aarhus Convention’) and its Protocol which provide people with the rights to access information, public participation in decision-making and access to justice in environmental matters.
  13. European Union (EU) Directive 85/337/EEC (as amended) (the EIA Directive) implements both the Espoo and Aarhus Conventions in EU States. This Directive was transposed into UK law through the EIA Regulations (see section 4.3.8).

Environmental Impact Assessment

14. Under the EIA Regulations (see section 4.3.8), Scottish Ministers are required to determine if a proposed development is likely to have significant impacts on the receiving environment of another European Economic Area (EEA) State – i.e. a “transboundary impact”. For example, Regulation 30 1(a) of the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 states that where “it comes to the attention of the Scottish Ministers that works proposed to be carried out in Scotland are the subject of an EIA application and are likely to have significant effects on the environment in an EEA State other than the United Kingdom” Scottish Ministers must:

• send to the EEA State, as soon as possible and no later than their date of publication in The Edinburgh Gazette… the particulars mentioned in paragraph (3) (and paragraph 4 if required)
• publish the information in a notice placed in The Edinburgh Gazette, indicating the address where further information is available; and
• give the EEA State a reasonable period of time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide.
• The information required to be shared with EEA States includes:
• a description of the works, together with any available information on their possible significant effect on the environment in another EEA State; and
• information on the nature of the decision which may be taken.
  15. Similar provisions requiring transboundary consultation exist in the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 and the Marine Works (Environmental Impact Assessment) Regulations 2007.

Habitats Regulations Appraisal

16. The Habitats Directive has been transposed into UK law through:

• the Conservation (Natural Habitats &c.) Regulations 1994 (as amended);
• the Conservation of Habitats and Species Regulations 2017; and
• the Conservation of Offshore Marine Habitats and Species Regulations 2017 (which apply to marine licences and Section 36 applications within the Scottish Offshore region.
  2.                   Consultation
     17. Once an EEA State has confirmed that they wish to participate in discussion on potential transboundary assessment of a project, that EEA State must be consulted by the Scottish Ministers. It is proposed that the following EU states should be consulted on whether they intend to participate:
• Netherlands;
• Denmark;
• Germany; and
• Norway.
  3.                   Screening of Transboundary Impacts
     18. Apx. Figure 3. 1  Open ▸ illustrates the proximity of the Proposed Development to other EEA states. The distance of the Proposed Development to other EEA states with which there may be the potential for transboundary impacts has been considered within this assessment.

Apx. Figure 3. 1: Location of the Proposed Development in Relation to other EEA States

3.3.1             Physical and Biological Environment

19. SSER has carried out a transboundary screening for all potential physical and biological receptors. The conclusion of the transboundary screening assessment undertaken for each physical and biological environment topic is presented in the following sections. Where impacts have proposed to be scoped out of the Offshore EIAR, these have not been considered within this transboundary screening assessment (airborne noise and air quality), on the basis that no significant effects are predicted and will therefore not result in a significant effect in another EEA state.
20. The potential for the Proposed Development to impact benthic subtidal and intertidal, fish and shellfish, marine mammal or ornithology features of nature conservation designations outside of the UK European Economic Zone (EEZ) will be considered within the HRA process.

1.         Subsea Noise

21. Potential impacts from subsea noise will likely be localised and temporary in nature. Therefore, no potential transboundary impacts are predicted for subsea noise.

2.         Physical Processes

22. Potential impacts on physical processes receptors will likely be localised and temporary in nature as any sediments suspended during activities associated with the construction, operation and maintenance, or decommissioning of the Proposed Development are likely to re-settle.
23. Therefore, considering both the location of the Proposed Development and the identified physical processes receptors and initial assessment of the physical processes baseline characterisation, no potential transboundary impacts are predicted for physical processes.

3.         Benthic Ecology

24. Potential impacts on benthic subtidal and intertidal ecology receptors include:

• temporary habitat loss / disturbance;
• increased suspended sediment concentrations and associated deposition;
• impacts to invertebrates due to electromagnetic fields (EMF);
• long-term subtidal habitat loss;
• colonisation of hard structures; and
• changes in physical processes.
  25. Potential impacts on benthic subtidal and internal ecology receptors will largely be focused within the footprint of the Proposed Development and therefore no potential for transboundary impacts are predicted. Potential impacts as a result of suspension of sediments (SSC) are likely to be restricted to one tidal excursion.
  26. Therefore, considering both the location of the Proposed Development and an initial assessment of baseline characterisation, and as the predicted impacts on the benthic and epibenthic communities will largely be focused within the footprint of the Proposed Development no potential transboundary impacts are precited for benthic subtidal and intertidal ecology. This position is supported by stakeholder feedback on the initial Berwick Bank Wind Farm proposal Offshore EIA Scoping Report.
  4.         Fish and Shellfish Ecology
  27. Potential impacts on fish and shellfish ecology receptors include:
• temporary habitat loss and disturbance;
• underwater noise;
• increased suspended sediment concentrations and associated sediment deposition;
• long-term habitat loss;
• colonisation of hard structures; and
• electromagnetic Fields (EMF) from subsea electrical cabling.
  28. There is the potential for injury and/or disturbance to fish receptors as a result of increased noise during the construction phase of the Proposed Development. In particular, increased noised during construction has the potential to affect Annex II migratory fish species, or species that have commercial value. Direct impacts may occur as a result of, for example, piling during construction of foundations, and indirect impacts may occur as a result of, for example, changes in prey availability during the construction phase. There is therefore the potential for transboundary impacts associated with the Proposed Development as a result of the construction of the Proposed Development.
  5.         Marine Mammals
  29. Potential impacts on marine mammal receptors include:
• injury and disturbance from piling;
• disturbance of marine mammals from vessel use and other construction activities;
• increased vessel may result in collision with marine mammals;
• changes in prey availability; and
• injury and disturbance from operation and maintenance activities.
  30. The regional marine mammal study area extends beyond the limits of Scottish or UK territorial waters, and it is acknowledged that some marine mammals can travel large distances to forage, including between the waters of neighbouring EU countries. Direct impacts may occur as a result of, for example, piling during construction of foundations, and indirect impacts may occur as a result of, for example, changes in prey availability. There is therefore the potential for transboundary impacts associated with the Proposed Development. However, it is not expected that any impact from the Proposed Development will have a direct impact on the environment of any another EEA State due to the distance from the Proposed Development boundary in relation to the potential scale over which direct effects could occur (i.e. elevations in subsea noise would not reach this far). Therefore, it is not anticipated that there will significant transboundary effects and it is proposed to scope this out of further consideration in the Offshore EIAR.
  6.         Ornithology
  31. Potential impacts on offshore and intertidal ornithology receptors include:
• disturbance of birds from vessels and other construction activities;
• disturbance from operation and maintenance activities;
• barrier effects arising from presence of turbines;
• displacement (avoidance resulting from disturbance, loss of foraging habitat);
• collisions with turbines;
• changes in prey availability
  32. Based on the location of the Project and the likely key receptors, it is considered that there will be no significant transboundary effects on birds in the breeding season, on the basis that, (with the exception of fulmar) there are no non-UK seabird colonies within mean-maximum foraging range (+1SD) of the proposed Project, therefore there will not be any transboundary impacts.
  33. In the non-breeding season, it is possible that birds from non-UK seabird colonies may occur within the proposed project area and therefore there may be impacts on birds originating from non-UK colonies. These potential impacts will be addressed in the EIAR

2.              Human Environment
   34. SSER has carried out a transboundary screening for all potential human environment receptors. The conclusion of the transboundary screening assessment undertaken for each human environment topic is presented in the sections below. Where impacts have proposed to be scoped out of the Offshore EIAR, these have not been considered within this transboundary screening assessment, on the basis that no significant effects are predicted and will therefore not result in a significant effect in another EEA state.
   1.         Commercial Fisheries
   35. As the Proposed Development array is located beyond the 12 nm limit, where EU member states currently have access to fishing, there is potential for transboundary impacts upon commercial fisheries due to the construction, operation and maintenance, and decommissioning phase of the Proposed Development. These include:

• loss or restricted access to fishing grounds;
• displacement of fishing activities into other areas;
• interference with fishing activity;
• increased steaming times;
• safety issues for fishing vessels; and
• potential impacts on commercially exploited species.
  36. Where significant fishing activity is identified for non-UK fleets within the commercial fisheries study area, these will be included as a receptor throughout the impact assessment.
  37. It is therefore concluded that there is the potential for transboundary impacts associated with the Proposed Development.
  2.         Shipping and Navigation
  38. Potential impacts on shipping and navigation receptors include:
• construction related activities leading to vessel displacement;
• increased vessel to vessel collision risk between a third-party vessel and a project vessel
• Increased vessel to vessel collision risk between third party vessels;
• vessel to structure allision risk due to the presence of new structures associated with the Proposed Development;
• reduced access to local ports due to construction activities associated with the Proposed Development;
• commercial traffic displacement due to the presence of the Proposed Development;
• fishing vessel and recreational vessel displacement due to the presence of the Proposed Development;
• increased vessel to vessel collision risk between a third-party vessel and a project vessel due to the presence of project vessels;
• increased vessel to vessel collision risk between third-party vessels (route-based) due to the displacement of vessels from their usual routes;
• increased vessel to vessel collision risk involving fishing vessels and/or recreational vessels due to the displacement of fishing and/or recreational vessels;
• vessel to structure allision risk for commercial vessels due to the presence of new structures associated with the Proposed Development;
• vessel to structure allision risk for fishing vessels in transit due to the presence of new structures associated with the Proposed Development;
• vessel to structure allision risk for recreational vessels due to the presence of new structures associated with the Proposed Development;
• reduced access to local ports due to maintenance activities with the Proposed Development;
• reduction of under keel clearance due to the presence of cables/cable protection associated with the Proposed Development;
• anchor interaction with subsea cables due to the presence of subsea cables associated with the Proposed Development;
• interference with marine navigation, communications and position fixing equipment due to the presence of new structures associated with the Proposed Development; and
• reduction of emergency response capability due to increased incident rates and reduced access for SAR responders due to an increase in the number of vessels in the area and a reduction of freely navigable sea room and airspace.
  39. It is considered that there is the potential for transboundary impacts, particularly in relation to transits to/from other countries including effects on shipping routes to/from other EEA State ports. This is particularly in relation to transits to/from other countries including effects on shipping routes to/from transboundary ports potentially leading to impacts.
  3.         Aviation, Military and Communications
  40. Potential impacts associated with the Proposed Development identified for aviation, military and communication receptors include:
• potential impacts on low flying operation during all phases; and
• potential impacts on NERL ATC radar, Military ATC radar and military AD radars during the operation and maintenance phase.
  41. As there are no oil and gas installations in the area, there is no potential for low flying operations (where oil and gas platforms are serviced from non-EEA States) associated with other EEA States to be affected. Radars identified are all UK based, therefore considering the location of the Proposed Development and the identified receptors above, no transboundary impacts associated with aviation, military and communications are predicted to arise.
  4.         Seascape, Landscape, Visual Resources and Cultural Heritage Setting
  42. This screening exercise identified that there is the no potential for transboundary impacts upon seascape, landscape and visual receptors due to construction, operational and maintenance, and decommissioning impacts of the Proposed Development. The SLVIA study area is located entirely outside the terrestrial areas and maritime boundaries of European Union (EU) member states. Due to the concentrated nature of any potential impacts on the seascape, landscape and visual resource to the UK coastline within the SLVIA study area, transboundary impacts are unlikely to occur on seascape, landscape or visual receptors and therefore transboundary impacts will be scoped out from further consideration within the SLVIA.
  5.         Infrastructure and Other Users
  43. Potential impacts associated with the Proposed Development identified for infrastructure and other users receptors include:
• displacement of recreational sailing and motor cruising, recreational fishing and other recreational activities during all phases; and
• displacement of recreational fishing and other recreational activities along the nearshore and intertidal section of the proposed ECC.
  44. As no potential infrastructure and other users receptors associated with other EEA States have been identified it is considered that there are no potential transboundary impacts upon infrastructure and other users due to construction, operational and maintenance, and decommissioning associated with the Proposed Development.
  6.         Offshore Socio-economics and Tourism
  45. Potential impacts associated with the Proposed Development identified for offshore socio-economics and tourism receptors include:
• impact on employment in the supply chain;
• impact on the amount of GVA supported;
• impact on access to related employment amongst local residents;
• impact on the demand for housing, accommodation and local services; and
• impact on tourism and recreation activity and associated economic value.
  46. It is considered that there is the potential for transboundary impacts to occur if there is a potential impact on commercial fishing vessels or shipping and navigation receptors associated with other EEA States. These have been considered within their respective sections and are not considered within the socio-economic screening.
  47. Potential transboundary socio-economics and tourism impacts upon other EEA states may arise through the purchase of project components, equipment and the sourcing of labour from companies based outside the UK. The sourcing of materials and labour from other EEA states is assumed to provide beneficial effects to the economies of other EEA states and so the consideration of measures envisaged to reduce or eliminate such effects is not relevant in the context of transboundary impacts. It is therefore proposed that transboundary impacts on offshore socio-economic and tourism receptors are screened out.

4.                   Conclusions
   48. This transboundary screening has been carried out considering the location of the Proposed Development and the current Project Description. There is the potential for transboundary impacts associated with the Proposed Development for the following topics:

• fish and shellfish ecology;
• non-breeding bird populations
• commercial fisheries; and
• shipping and navigation.